Allowed¶16

Sk. Irfan @ Gulchu v. State of Odisha

Orissa HC17 Sept 2025BLAPL/7032/2025

Case brief

AI extract

What is this about?

Orissa High Court; BLAPL No.7032 of 2025; bail under S.483 BNSS; IPC S.137(2); POCSO Act S.6; kidnapping; rape; aggravated penetrative sexual assault; Madhupatna PS Case No.289 of 2024; Spl. GR Case No.193 of 2024; Special Court under POCSO Act Cuttack; custody since 09.11.2024; charge-sheet submitted; presumption of innocence; informant's objection; conditional bail; bail bond Rs.25,000; victim-protection conditions.

What did the court decide?

Conditional bail: release on furnishing bail bond of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case, with conditions that the petitioner shall not contact or threaten the victim or her family members, shall not visit the house of the victim or its nearby area, and shall not influence or coerce witnesses, till disposal of the case.

Sk. Irfan @ Gulchu Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, alleged to have kidnapped the victim and committed rape and aggravated penetrative sexual assault (offences punishable U/S.137(2) IPC r/w Section 6 of POCSO Act), in custody since 09.11.2024 with charge-sheet submitted, ought to be admitted to bail notwithstanding the informant's counsel's objection.

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Court's answer

Notwithstanding the objection of the learned counsel for the informant, this Court, after considering the rival submissions, the nature and gravity of the offences alleged, the materials on record, the petitioner's pre-trial detention in custody since 09.11.2024, submission of the charge-sheet, the statement of the victim and the right of the accused to be presumed innocent until proven guilty at the trial, considered it proper to admit the petitioner to bail.

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Ratio / Principle

The petitioner was allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only with one solvent surety for the like amount, subject to conditions that he shall not contact or threaten the victim or her family members, shall not visit the house of the victim or its nearby area, and shall not influence or coerce witnesses acquainted with the facts of the case, till disposal of the case.

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Detailed headnote1 paragraphs

Bail application U/S.483 BNSS by SK. Irfan @ Gulchu allowed by the High Court of Orissa at Cuttack (G. Satapathy, J., order dated 17.09.2025) in connection with Madhupatna PS Case No.289 of 2024 corresponding to Spl. GR Case No.193 of 2024 pending before the learned ADJ-Cum-Special Court under POCSO Act, Cuttack, for offences punishable U/S.137(2) IPC r/w Section 6 of POCSO Act (kidnapping, rape and aggravated penetrative sexual assault). Weighing the nature and gravity of the alleged offences, the materials on record, pre-trial detention since 09.11.2024 with charge-sheet submitted, the statement of the victim and the accused's right to be presumed innocent until proven guilty, and notwithstanding the informant's counsel's objection, the Court admitted the petitioner to bail on a bond of Rs.25,000/- with one solvent surety for the like amount, imposing conditions: no contact with the victim or her family, no visit to her house or nearby area, and no threatening of the victim/her family or influencing/coercing of witnesses, till disposal of the case.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7032 of 2025

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SK. Irfan @ Gulchu

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Petitioner

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Mr. L. Naik, Advocate -versus-

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State of Odisha

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… Opposite Party

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Mr. A. Pradhan, Addl. PP Mr. B.K. Ghadei, Advocate (Informant) CORAM: JUSTICE G. SATAPATHY

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Order No.

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02.

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ORDER(ORAL) 17.09.2025

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This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Madhupatna PS Case No.289 of 2024 corresponding to Spl. GR Case No.193 of 2024 pending in the file of learned ADJ-Cum-Special Court under POCSO Act, Cuttack, for commission of offences punishable U/S.137(2) of IPC r/w Section 6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

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Heard, Mr. Lokanath Naik, learned counsel for the petitioner; Mr. Bideshi Kumar Ghadei, learned counsel who enters appearance for the informant in the Court today by filing Vakalatnama, which is taken on record and Mr. A. Pradhan, learned Additional Public Prosecutor in the matter and perused the record.

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Page 1 of 3

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After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and on going through the materials placed on record and regard being had to the pre trial detention of the petitioner in custody since 09.11.2024 with submission of charge-sheet in the meantime and taking into account the other circumstances on record in entirety including the statement of the victim and keeping in view the right of the accused to be presumed innocent until proven guilty at the trial, this Court notwithstanding to the objection of the learned counsel for the informant, considers it proper to admit the petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not contact the victim or her family members. The petitioner shall not visit the house of the victim or nearby area of her house till disposal of the case,

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(ii) the petitioner shall not threaten the victim or her family members or influence/coerce any of the witnesses acquainted with the facts of the case so as

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Page 2 of 3

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to dissuade them from disclosing such facts before the Court.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per

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Rules.

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(G. Satapathy) Judge

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Subhasmita

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Sep-2025 10:57:08

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Page 3 of 3

Sk. Irfan @ Gulchu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Irfan @ Gulchu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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